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“undisclosed income”

Search & SeizureSection 153ASection 153A9,092 judgments

The decision most relied on for undisclosed income is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on undisclosed income

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

Commissioner of Income Tax v. Harjeev Aggarwal
290 CTR 263 · 2016 · High Court
583
citing judgments

Assessment based solely on a statement recorded under Section 132(4) of the Income Tax Act requires the statement to be relatable to incriminating material or evidence found during the search, especially when considering Section 158BB(1) which restricts computation of undisclosed income to evidence found during search.

CIT v. Anil Kumar Bhatia
352 ITR 493 · 2013 · High Court
537
citing judgments

Section 153A can be invoked to reassess income for all years under consideration prior to a search, even if returns for those years were processed under Section 143(1)(a). The Assessing Officer has the power to reassess total income in such cases without fetters.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

Society v. UOI
394 ITR 220 · 2017 · Supreme Court
493
citing judgments

Uncorroborated loose papers or documents found during a search operation have no evidentiary value and cannot be the sole basis for determining undisclosed income. Additions based on such material require independent evidence to establish trustworthiness and a direct link to the assessee.

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

CIT v. Gurinder Singh Bawa
386 ITR 483 · 2016 · High Court
416
citing judgments

If no incriminating material is found during a search operation regarding a particular issue, then no addition can be made concerning that issue in an assessment under section 153A of the Income-tax Act.

Judgments citing undisclosed income

ACIT, Central Circle- 30, New Delhi vs. Rajnil Sales Pvt. Ltd., New Delhi

ITA 4050/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2012-13 Acit, Vs Rajnil Sales Pvt. Ltd., Room No.91, 4Th Floor, Central Circle-30, New Delhi. 2B Grant Lane, Kolkata, West Bengal. Pan: Aabcr3491C (Appellant) (Respondent) Assessee By : Shri Ajay Wadhwa, Advocate & Ms Ragini Handa, Advocate Revenue By : Shri Pitambar Das, Cit-Dr Date Of Hearing : 25.11.2024 Date Of Pronouncement : 18.12.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 31.03.2017 Of The Commissioner Of Income Tax (Appeals)-30, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.320/15-16/2297 Arising Out Of The Appeal Before It Against The Order Dated 31.03.2015 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Central Circle-30, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Ajay Wadhwa, Advocate &For Respondent: Shri Pitambar Das, CIT-DR
Section 127Section 143(2)Section 143(3)Section 68

unexplained under section 68 of the Income Tax Act, 1961 and Rs. 1,35,750/- on account of estimated brokerage as unexplained and undisclosed income. The assessee succeeded before the ld.CIT(A) against which the Revenue is in appeal, raising following grounds; “1. On the facts and in the circumstances

Income Tax Officer, Kolkata vs. Jkj Jewellers (Hcm), Kolkata

In the result, the appeal of the Revenue as well as CO of the assessee are dismissed

ITA 420/KOL/2024[2017-18]Status: DisposedITAT Kolkata16 Dec 2024AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, West Vs. Kolkata-700007, Bengal West Bengal (Appellant) (Respondent) Pan No. Aakfj7956Q Co No. 26/Kol/2024 (Arising In Ita No. 420/Kol/2024 For A.Y. 2017-18) Jkj Jewellers (Hcm) Income Tax Officer 1St Floor, 18, Hanspukur First 3, Govt. Place (West), Ground Lane, Burrabazar, Floor, Kolkata-700069, Vs. Kolkata-700007, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri S. Jhajharia, Ar Revenue By : Shri Pradip Kumar Biswas, Dr Date Of Hearing: 28.11.2024 Date Of Pronouncement : 16.12.2024

For Appellant: Shri S. Jhajharia, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 143Section 68

quantity of sales. Once the purchase and sales are verifiable, then such cash sales deposited in the bank account cannot be treated as undisclosed income. He thus, completely relied upon the order of the ld. CIT (A). 12. We find that the only reason given ... been given and no discrepancy has been pointed out, then how the corresponding sales of same stock and quantity can be treated as ‘undisclosed income’ of the assessee. Once, AO has accepted the sales and there is direct nexus with the closing stock and the sales along with movement

Rnb Infrastructure Pvt. Ltd., Delhi vs. DCIT Central Circle-32, New Delhi

In the result, captioned appeals of the assessee are allowed

ITA 1211/DEL/2023[2012-13]Status: DisposedITAT Delhi16 Dec 2024AY 2012-13

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

Rnb Infrastructure P.Ltd, Delhi vs. DCIT, Central Circle-32, New Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2592/DEL/2022[2017-18]Status: DisposedITAT Delhi16 Dec 2024AY 2017-18

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

Rnb Infrastructure P.Ltd, Delhi vs. DCIT, Central Circle-32, New Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2591/DEL/2022[2016-17]Status: DisposedITAT Delhi16 Dec 2024AY 2016-17

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

Rnb Infrastructure P.Ltd, Delhi vs. DCIT, Central Circle-32, New Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2590/DEL/2022[2015-16]Status: DisposedITAT Delhi16 Dec 2024AY 2015-16

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

Rnb Infrastructure Pvt Ltd, New Delhi vs. DCIT Central Circle -32, New Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2589/DEL/2022[2014-15]Status: DisposedITAT Delhi16 Dec 2024AY 2014-15

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

Rnb Infrastructure Pvt Ltd, Delhi vs. DCIT, Central Circle -32, Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2588/DEL/2022[2013-14]Status: DisposedITAT Delhi16 Dec 2024AY 2013-14

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

made under section 68 of the IT Act 1961 in the hands of the assessee on account of undisclosed income and credits in the bank account of the assessee. 3. The appellant vide its application before the Ld. CIT(A) in the present case has filed following additional evidences: S.No ... additions. The AO in his remand report undertook the requisite verifications and held that explanation of the assessee on the impugned additions towards alleged undisclosed income stands substantiated by documentary evidences. The assessee also contends that in the group cases in the case of Lalita Bajaj (ITA No.2596/Del/2022) & Namita Bajaj

ACIT Central Circle-1(2), Hyderabad vs. Satty and Associates, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 236/HYD/2022[2016-17]Status: DisposedITAT Hyderabad12 Dec 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

search and the other material, the Hon'ble Court further held that the object of section 153A is to bring under tax the undisclosed income which is found during the course of search or pursuant to search or requisition, therefore, only in a case where undisclosed income is found